New Jersey Has A New Breath Test Machine

What is the new breath test machine and how will this affect my DUI/DWI case?

If you are charged with driving while intoxicated (“DWI”) in New Jersey, your case may be “stayed” or placed on hold until the New Jersey Supreme Court determines the scientific reliability of the new breath sample instrument.

The Alcotest 7110

Draeger Industries designs and manufactures breath sample instruments, or what is commonly referred to as a “breathalyzer.” First put into use in 2003, the Alcotest 7110 (“7110”) is the breath sample device used by New Jersey law enforcement. In 2008, the Supreme Court of New Jersey held that the use of the 7110 is scientifically reliable based on its decision in State v. Chun, 194 N.J. 54 (2008). While the 7110 could still be challenged during a municipal court matter, its general scientific reliability was established.

In the last two (2) years, limited New Jersey municipalities began using the new Alcotest 9510 (“9510”) model. These jurisdictions trained its officers on the 9510 and started using this instrument during DWI investigations. The New Jersey Attorney General approved the use of the 9510 during DWI investigations, however this endorsement did not make the 9510 “scientifically reliable.”

The State v. Cunningham Case

In 2023, the Supreme Court of New Jersey granted direct certification in State v. Cunningham, (A-38-22)(087913), to address the use of the new Alcotest 9510, which the State represents is being used as a replacement for the Alcotest 7110 in DWI cases due to the manufacturer’s discontinuation of the 7110 device.

The Court imposed a limited stay of affected DWI matters, and appointed Judge Richard J. Geiger, J.A.D., to serve as a Special Master to develop a record, conduct hearings, and make findings and conclusions regarding the scientific reliability of the 9510. The stay does not affect DWI matters involving the 7110 model. Cases involving the 9510 are stayed indefinitely, however the Cunningham matter is expected to be heard in late 2024.

Trust Rosenberg | Perry & Associates for Your DWI Defense

Rosenberg | Perry & Associates have attorneys who are certified in both the Alcotest 7110 and 9510 models. To be certified, attorneys must take the New Jersey State Police taught course. As more municipalities switch to the 9510 model, it is important to have an attorney who is trained and certified in the latest version of the Alcotest.

If you or someone you know is charged with a DWI in New Jersey please contact Rosenberg | Perry & Associates today.

When can the police require me to provide a breath sample?